The local authority had granted planning permission for a development, but failed to secure either an advance payment for the making up of the estate roads, to secure a bond and agreement, or to make an order exempting the estate form this requirement. The developer failed without the road being made up, and the residents complained of maladministration. The Commissioner found that there had been no maladministration. On the appeal, the Commissioner accepted the report was defective.
Held: If the matter was to be referred back to the Commissioner, it was wrong to fetter the Commissioners discretion by giving particular directions as to the findings to be made.
Citations:
Gazette 17-May-2001
Statutes:
Local Government, Administrative
Updated: 09 April 2022; Ref: scu.85991